English isn't my first language so bear with me. Has anyone dealt with something like this? I'm not sure what my options are.
postnup after infidelity. I've been dealing with this for about 8 weeks now and the situation isn't improving.
I have already done some research online but got conflicting advice.
Do I have a strong case? What should my next steps be?
I went through almost the exact same thing.
In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency haha.
Don't make the same mistake I did -- is filing with the appropriate government agency. I'd recommend gathering evidence first instead.
Family law attorney practicing in Texas for 14 years. Postnuptial agreements after infidelity are one of the most common requests I receive, and they can be effective tools for rebuilding trust -- but they must be drafted carefully to be enforceable.
In Texas, postnuptial agreements are governed by the Texas Family Code Section 4.105, and the enforceability standards are actually stricter than for prenups. Key requirements include:
Regarding the infidelity component specifically: Texas is one of the states where fault can be considered in property division during divorce. Under Family Code Section 7.001, a court can consider adultery when making a just and right division of community property. A well-drafted postnup can establish specific consequences for future infidelity, such as a predetermined property split favoring the faithful spouse.
However, I want to flag a common pitfall: infidelity clauses that are punitive rather than compensatory may be challenged as unenforceable. Courts have struck down provisions that would leave the cheating spouse with nothing, viewing them as penalties rather than fair adjustments. A better approach is to establish a specific percentage split (such as 60/40 or 65/35) rather than an all-or-nothing clause.
From a practical standpoint, I always recommend that the postnup also address the emotional side of things -- require couples counseling, establish transparency expectations for finances and communications, and include a review clause where both parties revisit the agreement after 2-3 years. This signals to a court that the agreement was part of a genuine effort to repair the marriage, not a coerced punishment.
One piece of general advice: keep every piece of communication in writing. If you have a phone call, follow up with an email summary. Courts love written evidence and hate he-said-she-said disputes.